NY State Senate Bill 2021-S7874B

Senate Bill S7874B

2021-2022 Legislative Session

Relates to the disposition of campaign funds raised by an elected official who has been convicted of a crime committed while in public office or has been impeached and convicted or has resigned

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2022	print number 7874b
May 06, 2022	amend (t) and recommit to elections
Apr 28, 2022	print number 7874a
Apr 28, 2022	amend (t) and recommit to elections
Jan 18, 2022	referred to elections

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S7874 - Details

See Assembly Version of this Bill:: A8371
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §14-132, El L
Versions Introduced in 2023-2024 Legislative Session:: S4431, A4314

2021-S7874 - Summary

Relates to the disposition of campaign funds raised by an elected official who has been convicted of a crime committed while in public office or has been impeached and has been convicted, or has resigned public office following findings by either the attorney general or a committee of the legislature that the official has violated the law.

2021-S7874 - Sponsor Memo

                                 
BILL NUMBER: S7874

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the election law, in relation to the disposition of
campaign funds raised by an elected official who has been convicted of a
crime committed while in public office or has been impeached or the
subject of an impeachment inquiry

 
PURPOSE:

To prevent a candidate who has corrupted their office and has left that
office from utilizing a campaign account to advance political candidates
or a political agenda.

 
SUMMARY OF PROVISIONS:

Section 1. Section 14-132 of the election law is amended by adding a new
subdivision 1-a to read as follows:

1-a. No elected official who has been convicted of a crime committed

while in public office, or who has been impeached and convicted, or who
resigned his or her public office while the subject of a criminal inves-
tigation, while the subject of an impeachment inquiry, or after having
been impeached, shall expend any campaign funds raised while he or she
held such same public office in support of any candidate for public
office or any issue in any campaign for public office in this state.
Provided, however, that nothing in this subdivision shall prohibit such
former officeholder from raising and spending money in support of poli-
tical activities in an account that did not exist at the time he or she
held office, unless barred from doing so by any sentence for a crime or
impeachable offense. Where such elected official or elected official's
authorized committee received campaign contributions, all such funds
shall be disposed of by any of the following means, or any combination
thereof, within two years of a conviction or resignation:

(a) returning, pro rata, to each contributor the funds that have not
been spent or obligated;

(b) donating the funds to a charitable organization or organizations
that meet the qualifications of section 501(c)(3) of the Internal Reven-
ue Code;

(c) donating the funds to the state university of New York or the city
university of New York; or

(d) donating the funds to the state's general fund.

§ 2. Subdivision 2 of section 14-132 of the election law, as added by
section 2 of part C of chapter 286 of the laws of 2016, is amended to
read as follows:

2. No such candidate's authorized political committee on behalf of a
candidate as described by subdivision one of this section or elected
official described by subdivision one-a of this section shall dispose of
campaign funds by making expenditures for personal use as defined in
section 14-130 of this article.

3. Effective date

 
JUSTIFICATION:

New York State has legislation for the disposition of campaign
funds/accounts after the death of a candidate, but not in the event a
candidate has raised campaign funds for an office they corrupted and
either were forced from or resigned from. Candidates convicted of a
crime committed while in public office, or impeached and convicted, or
who resigned while the subject of a criminal investigation and/or an
impeachment inquiry, should not be able to expend any campaign funds
raised while they held that public office in support of any candidate
for public office or any issue in any campaign for public office in this
state. The campaign funds on hand at the time of such resignation or
conviction were raised because the person held the corrupted office.
This is distinguished from a person's first amendment right to raise
money independently without the benefit of holding public office.
Simply, campaign funds are not personal property and should be subject
to restrictions when the person has corrupted his or her office.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effective immediately.

2021-S7874 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7874
 
                             I N  S E N A T E
 
                             January 18, 2022
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in  relation  to  the  disposition  of
   campaign funds raised by an elected official who has been convicted of
   a  crime committed while in public office or has been impeached or the
   subject of an impeachment inquiry

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 14-132 of the election law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. NO ELECTED OFFICIAL WHO HAS BEEN CONVICTED OF A  CRIME  COMMITTED
 WHILE  IN PUBLIC OFFICE, OR WHO HAS BEEN IMPEACHED AND CONVICTED, OR WHO
 RESIGNED HIS OR HER PUBLIC OFFICE WHILE THE SUBJECT OF A CRIMINAL INVES-
 TIGATION, WHILE THE SUBJECT OF AN IMPEACHMENT INQUIRY, OR  AFTER  HAVING
 BEEN  IMPEACHED,  SHALL EXPEND ANY CAMPAIGN FUNDS RAISED WHILE HE OR SHE
 HELD SUCH SAME PUBLIC OFFICE IN SUPPORT  OF  ANY  CANDIDATE  FOR  PUBLIC
 OFFICE  OR  ANY  ISSUE  IN ANY CAMPAIGN FOR PUBLIC OFFICE IN THIS STATE.
 PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL PROHIBIT  SUCH
 FORMER  OFFICEHOLDER FROM RAISING AND SPENDING MONEY IN SUPPORT OF POLI-
 TICAL ACTIVITIES IN AN ACCOUNT THAT DID NOT EXIST AT THE TIME HE OR  SHE
 HELD  OFFICE, UNLESS BARRED FROM DOING SO BY ANY SENTENCE FOR A CRIME OR
 IMPEACHABLE OFFENSE. WHERE SUCH ELECTED OFFICIAL OR  ELECTED  OFFICIAL'S
 AUTHORIZED  COMMITTEE  RECEIVED  CAMPAIGN  CONTRIBUTIONS, ALL SUCH FUNDS
 SHALL BE DISPOSED OF BY ANY OF THE FOLLOWING MEANS, OR  ANY  COMBINATION
 THEREOF, WITHIN TWO YEARS OF CONVICTION OR RESIGNATION:
   (A)  RETURNING,  PRO RATA, TO EACH CONTRIBUTOR THE FUNDS THAT HAVE NOT
 BEEN SPENT OR OBLIGATED;
   (B) DONATING THE FUNDS TO A CHARITABLE ORGANIZATION  OR  ORGANIZATIONS
 THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN-
 UE CODE;
   (C) DONATING THE FUNDS TO THE STATE UNIVERSITY OF NEW YORK OR THE CITY
 UNIVERSITY OF NEW YORK; OR
   (D) DONATING THE FUNDS TO THE STATE'S GENERAL FUND.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13129-05-2

 S. 7874                             2
 
   §  2. Subdivision 2 of section 14-132 of the election law, as added by
 section 2 of part C of chapter 286 of the laws of 2016,  is  amended  to
 read as follows:
   2. No [such candidate's] authorized political committee ON BEHALF OF A
 CANDIDATE  AS  DESCRIBED  BY  SUBDIVISION ONE OF THIS SECTION OR ELECTED
 OFFICIAL DESCRIBED BY SUBDIVISION ONE-A OF THIS SECTION shall dispose of
 campaign funds by making expenditures for personal  use  as  defined  in
 section 14-130 of this article.
   § 3. This act shall take effect immediately.

co-Sponsors

2021-S7874A - Details

See Assembly Version of this Bill:: A8371
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §14-132, El L
Versions Introduced in 2023-2024 Legislative Session:: S4431, A4314

2021-S7874A - Summary

2021-S7874A - Sponsor Memo

                                 
BILL NUMBER: S7874A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the election law, in relation to the disposition of
campaign funds raised by an elected official who has been convicted of a
crime committed while in public office or has been impeached or has
resigned

 
PURPOSE:

To prevent a candidate who has corrupted their office and has left that
office from utilizing a campaign account to advance political candidates
or a political agenda.

 
SUMMARY OF PROVISIONS:

Section 1. Section 14-132 of the election law is amended by adding a new
subdivision 1-a to read as follows:

1-a. No elected official who has been convicted of a crime committed

while in public office, or who has been impeached and convicted, or who
resigned his or her public office while the subject of a criminal inves-
tigation, while the subject of an impeachment inquiry, or after having
been impeached, shall expend any campaign funds raised while he or she
held such same public office in support of any candidate for public
office or any issue in any campaign for public office in this state.
Provided, however, that nothing in this subdivision shall prohibit such
former officeholder from raising and spending money in support of poli-
tical activities in an account that did not exist at the time he or she
held office, unless barred from doing so by any sentence for a crime or
impeachable offense. Where such elected official or elected official's
authorized committee received campaign contributions, all such funds
shall be disposed of by any of the following means, or any combination
thereof, within two years of a conviction or resignation:

(a) returning, pro rata, to each contributor the funds that have not
been spent or obligated;

(b) donating the funds to a charitable organization or organizations
that meet the qualifications of section 501(c)(3) of the Internal Reven-
ue Code;

(c) donating the funds to the state university of New York or the city
university of New York; or

(d) donating the funds to the state's general fund.

§ 2. Subdivision 2 of section 14-132 of the election law, as added by
section 2 of part C of chapter 286 of the laws of 2016, is amended to
read as follows:

2. No authorized political committee on behalf of a candidate as
described by subdivision one of this section or elected official
described by subdivision one-a of this section shall dispose of campaign
funds by making expenditures for personal use as defined in section
14-130 of this article.

3. Effective date

 
JUSTIFICATION:

New York State has legislation for the disposition of campaign
funds/accounts after the death of a candidate, but not in the event a
candidate has raised campaign funds for an office they corrupted and
either were forced from or resigned from. Candidates convicted of a
crime committed while in public office, or impeached and convicted, or
who resigned while the subject of a criminal investigation and/or an
impeachment inquiry, should not be able to expend any campaign funds
raised while they held that public office in support of any candidate
for public office or any issue in any campaign for public office in this
state. The campaign funds on hand at the time of such resignation or
conviction were raised because the person held the corrupted office.
This is distinguished from a person's first amendment right to raise
money independently without the benefit of holding public office.
Simply, campaign funds are not personal property and should be subject
to restrictions when the person has corrupted his or her office.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effective immediately.

2021-S7874A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7874--A
 
                             I N  S E N A T E
 
                             January 18, 2022
                                ___________
 
 Introduced  by  Sens.  BIAGGI,  KRUEGER,  MAY  -- read twice and ordered
   printed, and  when  printed  to  be  committed  to  the  Committee  on
   Elections  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the election law, in  relation  to  the  disposition  of
   campaign funds raised by an elected official who has been convicted of
   a  crime committed while in public office or has been impeached or has
   resigned
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 14-132 of the election law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. NO ELECTED OFFICIAL WHO HAS BEEN CONVICTED OF A  CRIME  COMMITTED
 WHILE  IN PUBLIC OFFICE, OR WHO HAS BEEN IMPEACHED AND CONVICTED, OR WHO
 RESIGNED HIS OR HER PUBLIC OFFICE, OR AFTER HAVING BEEN IMPEACHED, SHALL
 EXPEND ANY CAMPAIGN FUNDS RAISED WHILE HE OR SHE HELD SUCH  SAME  PUBLIC
 OFFICE IN SUPPORT OF ANY CANDIDATE FOR PUBLIC OFFICE OR ANY ISSUE IN ANY
 CAMPAIGN FOR PUBLIC OFFICE IN THIS STATE.  PROVIDED, HOWEVER, THAT NOTH-
 ING  IN  THIS  SUBDIVISION  SHALL PROHIBIT SUCH FORMER OFFICEHOLDER FROM
 RAISING AND SPENDING MONEY IN SUPPORT  OF  POLITICAL  ACTIVITIES  IN  AN
 ACCOUNT  THAT  DID  NOT  EXIST AT THE TIME HE OR SHE HELD OFFICE, UNLESS
 BARRED FROM DOING SO BY ANY SENTENCE FOR A CRIME OR IMPEACHABLE OFFENSE.
 WHERE SUCH ELECTED OFFICIAL OR ELECTED OFFICIAL'S  AUTHORIZED  COMMITTEE
 RECEIVED  CAMPAIGN CONTRIBUTIONS, ALL SUCH FUNDS SHALL BE DISPOSED OF BY
 ANY OF THE FOLLOWING MEANS, OR ANY COMBINATION THEREOF, WITHIN TWO YEARS
 OF CONVICTION OR RESIGNATION:
   (A) RETURNING, PRO RATA, TO EACH CONTRIBUTOR THE FUNDS THAT  HAVE  NOT
 BEEN SPENT OR OBLIGATED;
   (B)  DONATING  THE FUNDS TO A CHARITABLE ORGANIZATION OR ORGANIZATIONS
 THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN-
 UE CODE;
   (C) DONATING THE FUNDS TO THE STATE UNIVERSITY OF NEW YORK OR THE CITY
 UNIVERSITY OF NEW YORK; OR
   (D) DONATING THE FUNDS TO THE STATE'S GENERAL FUND.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13129-07-2
 S. 7874--A                          2
 
   § 2. Subdivision 2 of section 14-132 of the election law, as added  by
 section  2  of  part C of chapter 286 of the laws of 2016, is amended to
 read as follows:
   2. No [such candidate's] authorized political committee ON BEHALF OF A
 CANDIDATE  AS  DESCRIBED  BY  SUBDIVISION ONE OF THIS SECTION OR ELECTED
 OFFICIAL DESCRIBED BY SUBDIVISION ONE-A OF THIS SECTION shall dispose of
 campaign funds by making expenditures for personal  use  as  defined  in
 section 14-130 of this article.
   § 3. This act shall take effect immediately.

co-Sponsors

2021-S7874B (ACTIVE) - Details

See Assembly Version of this Bill:: A8371
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §14-132, El L
Versions Introduced in 2023-2024 Legislative Session:: S4431, A4314

2021-S7874B (ACTIVE) - Summary

2021-S7874B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7874B

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the election law, in relation to the disposition of
campaign funds raised by an elected official who has been convicted of a
crime committed while in public office or has been impeached and
convicted or has resigned

 
PURPOSE:

To prevent a candidate who has corrupted their office and has left that
office from utilizing a campaign account to advance political candidates
or a political agenda.

 
SUMMARY OF PROVISIONS:

Section 1. Section 14-132 of the election law is amended by adding a new
subdivision 1-a to bar elected official who have been convicted of a
crime while in public office, have been impeached and convicted, or have
resigned their office following findings by either the attorney general

or a committee of the legislature that they violated the law, from using
campaign funds raised while they held that office in support of any
candidate for public office or any issue in any campaign for public
office in this state. Individuals may open a new campaign account and
raise new funds. Funds that cannot be spent may be returned to contribu-
tors, donated to a charitable organization, SUNY or CUNY, or to the
state's general fund.

§ 2. Subdivision 2 of section 14-132 of the election law, as added by
section 2 of part C of chapter 286 of the laws of 2016, is amended to
bar a candidate's political committee, in the instances enumerated in
subdivision 1, from disposing of campaign funds for personal use.

3. Effective date

 
JUSTIFICATION:

New York State has legislation for the disposition of campaign
funds/accounts after the death of a candidate, but not in the event a
candidate has raised campaign funds for an office they corrupted and
either were forced from or resigned from. Candidates convicted of a
crime committed while in public office, or impeached and convicted, or
who resigned while the subject of a criminal investigation and/or an
impeachment inquiry, should not be able to expend any campaign funds
raised while they held that public office in support of any candidate
for public office or any issue in any campaign for public office in this
state. The campaign funds on hand at the time of such resignation or
conviction were raised because the person held the corrupted office.
This is distinguished from a person's first amendment right to raise
money independently without the benefit of holding public office.
Simply, campaign funds are not personal property and should be subject
to restrictions when the person has corrupted his or her office.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effective immediately.

2021-S7874B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7874--B
 
                             I N  S E N A T E
 
                             January 18, 2022
                                ___________
 
 Introduced  by  Sens.  BIAGGI,  KRUEGER,  MAY  -- read twice and ordered
   printed, and  when  printed  to  be  committed  to  the  Committee  on
   Elections  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee

 AN ACT to amend the election law, in  relation  to  the  disposition  of
   campaign funds raised by an elected official who has been convicted of
   a  crime  committed  while  in public office or has been impeached and
   convicted or has resigned
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 14-132 of the election law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. NO ELECTED OFFICIAL WHO HAS BEEN CONVICTED OF A  CRIME  COMMITTED
 WHILE  IN PUBLIC OFFICE, OR WHO HAS BEEN IMPEACHED AND CONVICTED, OR WHO
 RESIGNED HIS OR HER PUBLIC  OFFICE  FOLLOWING  FINDINGS  BY  EITHER  THE
 ATTORNEY GENERAL OR A COMMITTEE OF THE LEGISLATURE THAT THE OFFICIAL HAS
 VIOLATED THE LAW, SHALL EXPEND ANY CAMPAIGN FUNDS RAISED WHILE HE OR SHE
 HELD  SUCH  SAME  PUBLIC  OFFICE  IN SUPPORT OF ANY CANDIDATE FOR PUBLIC
 OFFICE OR ANY ISSUE IN ANY CAMPAIGN FOR PUBLIC  OFFICE  IN  THIS  STATE.
 PROVIDED,  HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL PROHIBIT SUCH
 FORMER OFFICEHOLDER FROM RAISING AND SPENDING MONEY IN SUPPORT OF  POLI-
 TICAL  ACTIVITIES IN AN ACCOUNT THAT DID NOT EXIST AT THE TIME HE OR SHE
 HELD OFFICE, UNLESS BARRED FROM DOING SO BY ANY SENTENCE FOR A CRIME  OR
 IMPEACHABLE  OFFENSE.  WHERE SUCH ELECTED OFFICIAL OR ELECTED OFFICIAL'S
 AUTHORIZED COMMITTEE RECEIVED CAMPAIGN  CONTRIBUTIONS,  ALL  SUCH  FUNDS
 SHALL  BE  DISPOSED OF BY ANY OF THE FOLLOWING MEANS, OR ANY COMBINATION
 THEREOF, WITHIN TWO YEARS OF CONVICTION OR RESIGNATION:
   (A) RETURNING, PRO RATA, TO EACH CONTRIBUTOR THE FUNDS THAT  HAVE  NOT
 BEEN SPENT OR OBLIGATED;
   (B)  DONATING  THE FUNDS TO A CHARITABLE ORGANIZATION OR ORGANIZATIONS
 THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN-
 UE CODE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13129-11-2
 S. 7874--B                          2
 
   (C) DONATING THE FUNDS TO THE STATE UNIVERSITY OF NEW YORK OR THE CITY
 UNIVERSITY OF NEW YORK; OR
   (D) DONATING THE FUNDS TO THE STATE'S GENERAL FUND.
   §  2. Subdivision 2 of section 14-132 of the election law, as added by
 section 2 of part C of chapter 286 of the laws of 2016,  is  amended  to
 read as follows:
   2. No [such candidate's] authorized political committee ON BEHALF OF A
 CANDIDATE  AS  DESCRIBED  BY  SUBDIVISION ONE OF THIS SECTION OR ELECTED
 OFFICIAL DESCRIBED BY SUBDIVISION ONE-A OF THIS SECTION shall dispose of
 campaign funds by making expenditures for personal  use  as  defined  in
 section 14-130 of this article.
   § 3. This act shall take effect immediately.

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Senate Bill S7874B

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Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - In Senate Committee Elections Committee

Bill Amendments

co-Sponsors

Liz Krueger

Rachel May

2021-S7874 - Details

2021-S7874 - Summary

2021-S7874 - Sponsor Memo

2021-S7874 - Bill Text download pdf

co-Sponsors

Liz Krueger

Rachel May

2021-S7874A - Details

2021-S7874A - Summary

2021-S7874A - Sponsor Memo

2021-S7874A - Bill Text download pdf

co-Sponsors

Liz Krueger

Rachel May

2021-S7874B (ACTIVE) - Details

2021-S7874B (ACTIVE) - Summary

2021-S7874B (ACTIVE) - Sponsor Memo

2021-S7874B (ACTIVE) - Bill Text download pdf

Comments